OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz

Information & Analysis

Obama Campaign Files Federal Complaint Over Ohio Early Voting Law

President Obama's campaign, together with the Ohio and national democratic parties, filed a federal lawsuit yesterday over Ohio's early voting law. The complaint asserts that current Ohio law violates the Equal Protection Clause of the U.S. Constitution and 42 U.S.C. 1983 because it permits in-person absentee voting in the three days immediately preceding Election Day for some voters but not for others. Specifically, the complaint states that voters using the Uniformed and Overseas Citizens Absentee Voter Act can vote in the three days prior to an election but voters not using this Act cannot. The plaintiffs ask the court for an injunction prohibiting the state from enforcing current law, effectively restoring in-person absentee voting in the three days prior to an election for all Ohio voters. The case is Obama for America v. Husted.


Edward B. Foley

Of Bouncing Balls and a Big Blue Shift

Edward B. Foley

It is a fortuitous coincidence that the University of Virginia’s Journal of Law & Politics has just published a piece of mine that shows the relevance of the current vote-counting process in Virginia’s Attorney General election to what might happen if the 2016 presidential election turns on a similar vote-counting process in Virginia. 

Read full post here.

more commentary...

In the News

Daniel P. Tokaji

Ohio treasurer receives OK to host town halls

Professor Daniel Tokaji was quoted in an article from the Associated Press about an attorney general opinion that allows the Ohio treasurer to conduct telephone town halls using public money. The opinion will likely have broad ramifications for the upcoming elections, Tokaji said.

“As a practical matter, while that legal advice is certainly right, very serious concerns can arise about whether these are really intended to inform Ohio constituents about the operations of his office or if they’re campaign events,” he said.

more EL@M in the news...

Info & Analysis

Judge Denies Motion for Preliminary Injunction in NC Case

U.S. District Judge Thomas D. Schroeder denied the motion for a preliminary injunction sought by the plaintiffs in a case challenging a new North Carolina voting law as violating the Voting Rights Act and the federal Constitution. Judge Schroeder also denied the defendants' motion for judgment on the pleadings. The case is North Carolina NAACP v. McCrory.

more info & analysis...